Third National Bank v. Merchants' National Bank
New York Supreme Court
Appeal from circuit court, New York county. Action by the Third National Bank of the City of New York against the Merchants’ National Bank. From a judgment entered on a verdict directed by the court in favor of plaintiff, defendant appeals. Affirmed.
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Appeal from circuit court, New York county. Action by the Third National Bank of the City of New York against the Merchants’ National Bank. From a judgment entered on a verdict directed by the court in favor of plaintiff, defendant appeals. Affirmed. The action was brought for the recovery of $4,000, alleged to have been paid to the defendant by mistake under the following circumstances developed upon the trial: On the 30th of October, 1891, a correspondent of the plaintiff, being the Bank of New Hanover, of Wilmington, N. O., issued a check directed to the defendant in the following form…
1Opinion of the CourtO’Brien, J.
Aside from the question raised by the affirmative defense as to plaintiff’s duty of exercising diligence in giving defendant information that the payment was irregular or unauthorized upon the undisputed facts and the settled principles of law, the plaintiff was entitled to a verdict. As correctly argued by respondent, the plaintiff was bound to pay any check drawn upon it by the *1072Bank of ¡New Hanover. It is not disputed that it did pay the check, to the defendant, that the signature of the payee was a forgery, and that the defendant indorsed the check. The plaintiff was, therefore, entitled…
2Cases cited6 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- White v. . Continental National BankNew York Court of Appeals · 1876
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Bank of Commerce v. . Union BankNew York Court of Appeals · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- International Union Bank v. National Surety Co.New York Court of Appeals · 1927
- Pratt v. Union National BankSupreme Court of New Jersey · 1909
- State v. Broadway National BankTennessee Supreme Court · 1925
- Harlem Co-operative Bldg. & Loan Ass'n v. Mercantile Trust Co.New York Court of Common Pleas · 1895
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